Car accidents are already stressful and confusing, but the situation becomes more complicated when a police officer is involved. During a routine patrol, responding to an emergency call, or pursuing a fleeing suspect, police car accidents can cause serious injuries and property damage.
If a car accident involving a police car happens, understanding your rights is essential. You need to know here about accidents involving law enforcement officers, liability, and seeking compensation.
When a Police Car Is Involved in an Accident
Law enforcement officers often drive under challenging conditions. They may need to speed, weave through traffic, or drive recklessly while responding to an emergency or chasing a criminal suspect. However, these actions can put other drivers and pedestrians at risk. A police officer involved in a crash can still be considered negligent, depending on how the accident occurred.
Even if the officer was responding to an emergency, they are not automatically exempt from accountability. If the officer driving recklessly caused the accident, they or the police department may be liable for your injuries and damages.
Government Immunity and Police Liability
Government entities, including police departments, have some immunity under federal and state laws, like sovereign immunity. This makes it harder to hold them accountable for accidents. However, this protection is not absolute. If a police officer is considered negligent—such as running a red light without emergency lights or driving at high speeds unnecessarily—they may be liable.
Government immunity sometimes protects officers when responding to an emergency or pursuing a fleeing suspect. However, if the officer drove recklessly without proper cause, you might still seek compensation for your losses.
Steps to Take After a Police Car Accident
If you are involved in an accident with a police vehicle, take these steps to protect your rights and strengthen your case:
- Ensure Safety: Check for injuries and seek medical care immediately if needed. Call 911 to report the accident and request assistance.
- Document the Scene: Take photos of the accident scene, vehicle damage, and any visible injuries.
- Collect Information: Obtain the officer’s name, badge number, and the police department they work for. Also, get contact information for any witnesses.
- File a Police Report: Even though a police officer is involved, ensure an official accident report is filed. This is important for your insurance claim and potential lawsuit.
- Seek Legal Help: Contact an attorney experienced in personal injury claims to guide you through the claims process.
Challenges in Pursuing Compensation
Filing an accident claim against a government entity like a police department differs from regular auto accidents. You must follow specific procedures and meet shorter deadlines. For example, most states require you to file a notice of claim within months of the accident. Missing this deadline can bar you from pursuing compensation.
Another challenge is proving negligence. Police officers and their departments may deny liability or argue they were acting within the scope of their duties. Evidence gathering is critical in such cases, including photos, witness statements, and police reports.
Compensation Limits and Rules
Laws governing accidents involving government agencies often place limits on damages. For instance, claims against police departments may have caps on compensation for medical expenses, property damage, and lost wages. Punitive damages, intended to punish the liable party, are typically not allowed in these cases.
In addition, some states follow stricter rules for accident claims involving government entities. You may be barred from recovering damages if you are found even 1% at fault.
What If You Share Fault?
If a police officer hits your car, but you are partially at fault, you might not be able to pursue compensation. For example, failing to yield to an emergency vehicle with lights and sirens on or speeding can hurt your claim. Unlike other auto accidents where the comparative fault may allow partial compensation, accidents involving a government entity often require you to be entirely blameless.
When to Contact an Attorney
Accidents involving police officers or government entities are complex. An attorney can help establish liability, handle the claims process, and ensure you receive fair compensation for your injuries and property damage. They can also communicate with insurance companies and government agencies on your behalf.
Don’t let the challenges of filing a claim discourage you. Serious injuries, medical bills, and lost wages can add up quickly, and you deserve to be compensated for your losses if the officer was driving negligently.
Accountability and Fair Compensation After a Police Car Accident
Police officers play a vital role in maintaining public safety, but that doesn’t mean they are above the law. If you were involved in an accident caused by a police car, secure your rights. With the right approach, you can hold the liable party accountable and seek fair compensation for your injuries and damages.
If a police car hits your car, contact THE702FIRM Injury Attorneys today. Our team has experience handling personal injury claims involving government entities, and we are here to help you receive fair compensation. Call us for a free consultation to discuss your case.
